General health and safety

Landlords in the UK have a legal responsibility to provide homes that are safe, secure and free from avoidable health hazards. This duty applies throughout the tenancy and covers both the structure of the property and the living environment.
Local authorities use the Housing Health and Safety Rating System (HHSRS) to identify and assess risks.
Key points:

• 29 potential hazards are assessed under the HHSRS, including:
  • Damp and mould growth.
  • Excess cold or heat.
  • Trip and fall hazards (e.g. stairs or uneven floors).
  • Fire, gas, and electrical risks.
  • Poor sanitation or overcrowding.
• If a Category 1 hazard is found (the most serious level):
  • The local council must take enforcement action.
  • Landlords may receive a notice requiring urgent repairs or improvements.
  • In some cases, authorities can restrict use of the property until issues are resolved.
• The Homes (Fitness for Human Habitation) Act 2018 strengthens tenant protections:
  • Applies to new and existing tenancies (with some exceptions).
  • Implies a legal obligation that properties must be fit to live in at the start and throughout the tenancy.
  • Tenants can take landlords to court directly if their home poses serious health or safety risks.

Keeping your property safe isn’t just about compliance - it builds trust with your tenants and helps prevent costly disputes or legal action.

How to Rent Guide

Before a new tenancy begins, landlords in England must give tenants the current version of the ‘How to Rent’ guide - a government-approved document that outlines tenants’ rights, responsibilities and what to expect when renting privately.

Why this matters:

• It’s a legal requirement for most assured shorthold tenancies.
• Must be given before the tenancy starts (in hard copy or by email if agreed).
• Failure to provide it may invalidate a Section 21 notice later on.
• Sharing the guide promotes transparency and helps tenants understand their rights and obligations from day one.

Always check you're using the most up-to-date version - it changes periodically when regulations are updated.

Gas safety regulations

Gas safety is one of the most critical areas of legal compliance for landlords in the UK. Faulty gas appliances can lead to serious risks, including gas leaks, carbon monoxide poisoning, explosions and fire. That’s why landlords are legally bound by the Gas Safety (Installation and Use) Regulations 1998, which require all gas appliances, fittings, flues and pipework within a rental property to be safely installed, maintained and regularly checked.

These regulations are non-negotiable and apply to both residential and commercial lettings. Failing to comply could not only endanger tenants but also result in heavy fines or even criminal prosecution.

Key gas safety requirements include:

Annual gas safety check

• Every gas appliance in a rental property must be inspected once every 12 months by a qualified Gas Safe registered engineer.
• This includes boilers, ovens, hobs, fires, and any other gas-fuelled appliances provided by the landlord.
• The check ensures everything is working safely and in accordance with current gas safety standards.

Gas Safety Certificate (CP12)

• After the annual inspection, the engineer will issue a Landlord Gas Safety Record (commonly referred to as a Gas Safety Certificate or CP12).
• A copy of this certificate must be provided to tenants:
  • New tenants: before they move in
  • Existing tenants: within 28 days of the check
• It’s good practice to keep detailed records of all safety checks and certificates for at least two years.

Ongoing maintenance

• The annual check is just one part of a landlord’s responsibility. Gas appliances and pipework must be properly maintained at all times.
• If a tenant reports an issue, it’s the landlord’s duty to arrange for prompt repairs using a Gas Safe registered professional.
• Poor maintenance increases the risk of accidents and can invalidate insurance policies and breach compliance duties.

Staying on top of gas safety protects your tenants, while also protecting you and your property from significant legal and financial consequences.

Electrical safety standards

Landlords must confirm that the entire electrical system within their property remains safe at all times. The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 set out clear obligations, and compliance forms a core part of effective tenancy management.

Your responsibilities include ongoing monitoring of the property’s electrical infrastructure, ensuring that all fixed installations are maintained to a safe working standard. These duties apply throughout the tenancy, not just at the outset, and evidence of compliance will often be required during possession proceedings or in response to disputes.

Core electrical safety duties involve:

• Electrical Installation Condition Report (EICR): the property’s fixed electrical installations - including wiring, sockets, lighting and the consumer unit - must be inspected and tested by a qualified and appropriately registered electrician at least every five years. If a previous report recommends a shorter interval, you must follow that recommendation.
• Providing the report: tenants must receive a copy of the EICR before their tenancy begins. For existing tenants, the report must be provided within 28 days of the inspection. A copy must also be supplied to the local housing authority within seven days if they request it.
• Remedial work: where the EICR identifies faults or potential hazards, you must arrange for remedial work or further investigative work to be completed within 28 days, or within the shorter period specified by the report. Written confirmation that the work has been completed must then be issued to the tenant and, if requested, to the local authority.
• Appliance safety: any portable electrical appliances supplied by you must be safe to use. While Portable Appliance Testing (PAT) is not mandated as strictly as fixed-installation testing, it remains recognised as good practice, particularly in furnished properties or HMOs. Regular checks help reduce the risk of injury claims and strengthen your position should a safety dispute arise.

Fire safety regulations

Fire safety is a central responsibility for landlords. Although requirements vary slightly across the UK, the core duties remain consistent. Your obligations focus on reducing risk, maintaining safe living conditions and keeping clear evidence of compliance. Fire safety is an ongoing requirement, and regular checks with timely action where hazards arise are essential. In possession disputes or enforcement investigations, the ability to demonstrate that appropriate measures were in place can be decisive.

A landlord’s key duties include:

• Fire alarms: a working smoke alarm must be installed on every floor used as living accommodation and must be tested at the start of each tenancy. HMOs and properties in Scotland and Wales often require mains-powered, interlinked smoke and heat alarms to meet higher safety standards and licensing requirements.
• Carbon monoxide alarms: you must install a carbon monoxide alarm in any room containing a fixed solid fuel-burning appliance, such as a wood-burning stove or coal fire. Gas cookers are not usually included, but a precautionary approach may be appropriate in older or poorly ventilated properties. Alarms must be tested at the start of the tenancy and replaced when faults occur.
• Furnishings: any upholstered furniture you provide must meet fire resistance standards and display the correct labels. Non-compliant items should not remain in the property, as they increase both enforcement risk and exposure to liability should a fire occur.
• Escape routes: tenants must have unobstructed escape routes at all times. In buildings with communal areas, a formal fire risk assessment is mandatory, and its findings must be implemented. This may include fire doors, emergency lighting, signage or communal fire-fighting equipment. Maintaining these measures and carrying out periodic reviews forms part of your ongoing obligations.

Legionella risk assessment

Landlords must assess and control the risk posed by Legionella bacteria within any water system at their property. This duty arises under the Health and Safety at Work etc. Act 1974 and supporting guidance from the Health and Safety Executive. While the likelihood of Legionella developing in a typical domestic setting is generally low, the obligation to carry out a proportionate assessment applies to all rented properties. The assessment should be reviewed periodically and updated whenever the water system or occupancy pattern changes.

Your responsibilities include:

• Conducting a risk assessment: you must identify potential sources of risk, such as stored water, redundant pipework, infrequently used outlets, or systems that cannot maintain safe temperature levels. The assessment does not necessarily require a specialist contractor for standard domestic properties, but it must be completed competently and with an understanding of the guidance.
• Implementing control measures: appropriate control measures must be put in place based on your findings. Common actions include confirming that hot water is stored above 60°C and cold water remains below 20°C, ensuring that tanks are covered and clean, and flushing the system before a new tenancy begins or after periods of vacancy. Regularly running taps and showers that are seldom used will also help reduce stagnation within the system.
• Keeping records: retain written records of your assessment, observations and any actions taken. These documents provide evidence of compliance should a dispute arise or an inspector requests confirmation of your arrangements. Records should be updated following each tenancy change, system alteration or periodic review.

Although the risks associated with most domestic water systems remain low, the legal duty to assess and manage the risk still applies.

Houses in Multiple Occupation (HMOs)

HMOs, where several households occupy the same property and share facilities, carry a higher level of risk and are therefore subject to stricter safety and management requirements. These obligations apply throughout the tenancy and are enforced closely by local authorities, making accurate record-keeping and regular inspections essential for landlords operating this type of accommodation.

• Licensing: large HMOs require a licence from the local authority, and many areas operate additional or selective licensing schemes that extend these requirements to smaller properties. A licence will set specific conditions relating to safety, management arrangements and occupancy levels, and failing to comply can lead to enforcement action.
• Enhanced fire safety: HMOs usually need a more advanced fire detection and alarm system. This commonly includes interlinked smoke alarms, heat detectors in kitchens, emergency lighting, fire blankets, and clearly identified escape routes. Depending on the layout and risk assessment, fire doors with self-closing mechanisms may also be required to contain smoke and fire.
• Higher standards: landlords must confirm that the property is not overcrowded and that facilities are suitable for the number of occupants. Local authority guidance often sets minimum room sizes, kitchen provision and bathroom ratios. These requirements aim to maintain safe living conditions and reduce health and safety concerns linked to high-density accommodation.

Landlord's repairing obligations (Section 11)

Under Section 11 of the Landlord and Tenant Act 1985, landlords have repairing obligations that apply automatically, regardless of what is written in the tenancy agreement. These duties are ongoing and cannot be waived. They relate to the condition of the property and the essential installations required for safe and habitable occupation. Once notified of a defect, you are legally responsible for carrying out the necessary repairs within a reasonable timeframe, taking account of the severity of the problem and any risks posed to the tenant.

Your Section 11 responsibilities cover:

• The structure and exterior of the property: this includes the roof, walls, windows, external doors, drains, gutters and pipework. Issues such as water ingress, structural instability or defective glazing will fall within your obligations, and prompt action is required to prevent further deterioration.
• Installations for the supply of water, gas, electricity and sanitation: you must maintain installations such as water pipes, electrical wiring, gas supply systems, sinks, baths, toilets and other sanitary fittings. These systems must remain safe and in proper working order throughout the tenancy. Any defect that affects hygiene, water supply, or electrical safety will require immediate attention due to the potential risks involved.
• Installations for space heating and heating water: this includes boilers, radiators, heating controls, hot water cylinders and related pipework. Failures in these systems can lead to loss of heating or hot water, which may expose you to enforcement action or claims if left unresolved for extended periods.

Obligations for a commercial landlord

Health and safety duties for landlords leasing business premises are wide-ranging and influenced by the terms of the lease. Although some responsibilities may pass to the tenant, the landlord retains overarching accountability for the condition and safety of the building, particularly its structure and shared areas. Commercial leases should set out the division of duties clearly, but certain statutory obligations cannot be delegated.

Key responsibilities for a commercial landlord include:

• Fire safety: the landlord, or responsible person, must complete a fire risk assessment for the building, especially where communal areas are shared between multiple tenants. Any required safety measures - such as fire doors, alarms or emergency lighting - must be installed, maintained and reviewed regularly.
• Asbestos: for commercial properties built before 2000, the landlord must commission an asbestos survey and maintain a management plan. This sets out the location, condition and required monitoring or removal of asbestos-containing materials.
• Electrical and gas installations: the landlord must keep the fixed electrical installation and any gas systems they own in a safe condition. This applies to the tenant’s demised premises as well as shared areas accessed by staff, customers or visitors. Periodic inspection and clear records are essential.
• Structural integrity: the landlord is responsible for ensuring that the structure of the building remains sound, including foundations, load-bearing walls, roofs and external elements. Defects must be addressed promptly to reduce risk and maintain statutory compliance.

Energy Performance Certificate

A valid Energy Performance Certificate (EPC) is required for all rental properties before they are marketed or let. The EPC provides an energy efficiency rating from A to G and includes recommendations for improving the property's performance. It offers both tenants and enforcement bodies a clear indication of how efficiently the property uses energy and whether further improvements may be needed.

At present, privately rented properties in England and Wales must achieve an EPC rating of at least E. There are ongoing government proposals to raise the minimum standard to a C rating by 2030, meaning many landlords may need to plan for upgrades in advance. A property that falls below the required minimum cannot be lawfully let unless an exemption has been registered on the PRS Exemptions Register.

Need expert landlord advice?

Working through health and safety regulations can be demanding, particularly as responsibilities vary between property types and are subject to regular legislative updates. Landlords are expected to demonstrate consistent compliance, maintain accurate records, and respond promptly when issues arise. This can place considerable pressure on those managing multiple properties or dealing with tenants who challenge their obligations.

If you need clear legal guidance on any aspect of your health and safety duties, AST Assistance can support you. Our team advises landlords on compliance, inspections, licensing, enforcement action and dispute resolution. We help you understand your responsibilities, address any areas of concern and reduce the risk of penalties or interruption to your rental income.

For expert assistance, contact AST Assistance on 01706 619954 or online contact form. We provide practical, landlord-focused advice to help you manage your properties with confidence.